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Frequently Asked Questions

What Is An Uncontested Divorce?

An uncontested divorce is the term used when parties seeking a divorce agree on all issues such as property division, child custody and visitation matters. Their mutual agreement on the terms of their divorce usually lead to a divorce that is completed without delay. In some cases, an uncontested divorce is the result of parties participating in mediation or collaboration.

What Is A Contested Divorce?

A contested divorce is the term applied for a divorce when the parties seeking divorce are in disagreement about the terms of their divorce, including whether a divorce is the appropriate action. One party may not desire a divorce, or both parties may wish to be divorced, however, cannot agree about the terms of asset and debt division, child custody or visitation issues. A contested divorce will often have to be litigated in family court before a judge.

Will I Lose Access To My Children After Getting Divorced?

Even if parents cannot get along, the family court does not deny a parent’s access to their children after a divorce unless the court finds a parent is dangerous to the children. If the parties cannot agree to the terms of child custody, the family court will make a decision about child custody based on the best interests of the children.

What If I Need to Change A Child Custody Order?

Modifications to existing child custody and visitation orders can be made if the modifications can be shown to be in the best interest of the child or that complying with the existing order is creating an extreme hardship. Child support and spousal support orders may also be modified when circumstances have changed significantly.

What About Domestic Violence?

Families facing domestic violence who wish to end the cycle can seek an order of protection or restraining order from the court. Whether a one-time event or ongoing, families can live without fear of further abuse utilizing this family offense proceeding.

Do We Need An Attorney To Sell Our Home After Our Divorce?

Yes, in New York, a lawyer must be used for real estate closings.

Are Homeowners’ Association Restrictions Legal?

Many people buy homes governed by homeowners’ associations (HOA) and are often shocked when the HOA issues a fine for violating a restriction contained in the fine print. The legal rules homeowners must follow are called covenants, conditions and restrictions (CCRs). CCRs can include yard maintenance rules, restrictions on painting houses, and among many others. Disagreements arising over HOA fees and restrictions can be settled through negotiation, mediation or litigation.

Contact Durante, Bock & Tota, PLLC, For Experienced Legal Representation

Our firm has over 100 combined years of experience to address your legal needs. Our knowledgeable attorneys will answer your questions and provide the advocacy you need to resolve your legal issue efficiently. Email us or call our office in Yorktown Heights at 914-245-6060 for a consultation.

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